Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 23747 

date of the final acceptance of this 

Agreement, for possible violations of the 

reporting requirements of section 15(b), 

15 U.S.C. 2064(b), regarding any Robbie 

Ducky products. The Commission’s 

agreement not to seek penalties as stated 

herein will not relieve Jo-Ann from the 

continuing duty to report to CPSC any 

new, additional or different information 

as required by CPSA section 15(b), 15 

U.S.C. 2064(b) and the regulations at 16 

CFR part 1115. Except as expressly 

provided herein, nothing in this 

Agreement is intended nor may be 

construed to preclude, limit, or 

otherwise reduce Jo-Ann’s potential 

liabilities under any and all applicable 

law, statutory provisions, regulations, 

rules, standards, and/or bans enforced 

or administered by CPSC. 

24. Upon the Commission’s 

provisional acceptance of the 

Agreement, the Agreement shall be 

placed on the public record and 

published in the Federal Register in 

accordance with the procedures set 

forth in 16 CFR 1118.20(e). In 

accordance with 16 CFR 1118.20(f), if 

the Commission does not receive any 

written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally 

accepted on the sixteenth (16th) day 

after the date it is published in the 

Federal Register. 

25. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Jo-Ann 

knowingly, voluntarily, and completely 

waives any rights it may have in this 

matter to the following: (1) An 

administrative or judicial hearing; (2) 

judicial review or other challenge or 

contest of the validity of the 

Commission’s Order or actions; (3) a 

determination by the Commission of 

whether Jo-Ann failed to comply with 

the CPSA and its underlying 

regulations; (4) a statement of findings 

of fact and conclusions of law; and (5) 

any claims under the Equal Access to 

Justice Act. 

26. The Commission may publicize 

the terms of the Agreement and Order. 

27. The Agreement and Order shall 

apply to, and be binding upon, Jo-Ann 

and each of its successors and assigns. 

28. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in ¶ 27 to appropriate legal 

action. 

29. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and Order 

may not be used to vary or contradict its 

terms. The Agreement shall not be 

waived, amended, modified, or 

otherwise altered, except in a writing 

that is executed by the party against 

whom such waiver, amendment, 

modification, or alteration is sought to 

be enforced. 

30. If after the effective date hereof, 

any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future 

laws effective during the terms of the 

Agreement and Order, such provision 

shall be fully severable. The balance of 

the Agreement and Order shall remain 

in full force and effect, unless the 

Commission and Jo-Ann agree that 

severing the provision materially affects 

the purpose of the Agreement and 

Order. 

Jo-Ann Stores, Inc. 

Dated: 1/13/10. 

By: lllllllllllllllllll

David B. Goldston, 

Senior Vice President, General Counsel & 

Secretary, Jo-Ann Stores, Inc., 5555 Darrow 

Road, Hudson, Ohio. 

Dated: 1/13/10. 

By: lllllllllllllllllll

Joanne E. Mattiace, Esq., 

Law Offices of Joanne E. Mattiace, 58 

Stroudwater Place, Westbrook, ME 04092– 

4044, Counsel for Jo-Ann Stores, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: 1/14/10. 

By: lllllllllllllllllll

Sean R. Ward, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

In the Matter of Jo-Ann Stores, Inc. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Jo-Ann 

Stores, Inc. (‘‘Jo-Ann’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Jo-Ann, and 

it appearing that the Settlement 

Agreement and Order are in the public 

interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further ordered, that Jo-Ann shall pay 

a civil penalty in the amount of fifty 

thousand dollars ($50,000.00) within 

twenty (20) calendar days of service of 

the Commission’s final Order accepting 

the Agreement. The payment shall be 

made by check payable to the order of 

the United States Treasury. Upon the 

failure of Jo-Ann to make any of the 

foregoing payments when due, interest 

on the unpaid amount shall accrue and 

be paid by Jo-Ann at the federal legal 

rate of interest set forth at 28 U.S.C. 

1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 28th day of April, 2010. 

By Order of the Commission. 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–10386 Filed 5–3–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability (NOA) of the Draft 

Environmental Impact Statement for 

the Disposal and Reuse of Naval Air 

Station Brunswick, ME, and To 

Announce Public Hearings 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: Pursuant to Section 102(2)(C) 

of the National Environmental Policy 

Act (NEPA) of 1969, as implemented by 

the Council on Environmental Quality 

Regulations (40 CFR parts 1500–1508), 

the Department of the Navy (Navy) with 

the Federal Aviation Administration 

(FAA) acting as a cooperating agency, 

has prepared and filed the Draft 

Environmental Impact Statement (EIS) 

to evaluate the potential environmental 

consequences associated with the 

disposal and reuse of Naval Air Station 

(NAS) Brunswick, Maine. The Navy is 

required to close NAS Brunswick per 

Public Law 101–510, the Defense Base 

Closure and Realignment Act of 1990, as 

amended in 2005. Public hearings will 

be held to provide information and 

receive oral and written comments on 

the Draft EIS. Federal, state and local 

agencies, and interested individuals are 

invited to be present or represented at 

the hearings. 

DATES AND ADDRESSES: Two public 

hearings will be held. Each scheduled 

public hearing will be preceded by an 

open information session to allow 

interested individuals to review 

information presented in the Draft EIS. 

Navy representatives will be available 

during the information session to 

provide clarification as necessary 

related to the Draft EIS. Afternoon and 

evening information sessions are 

scheduled as follows: 

1. Evening Information Session and 

Public Hearing: Brunswick Junior High 

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23748 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 

School, Gymnasium, 65 Columbia 

Avenue, Brunswick, Maine 04011. 

Wednesday, June 2, 2010 

Information Session—4:30 p.m. to 6:30 

p.m. 

Public Hearing—7 p.m. to 9 p.m. 

2. Daytime Information Session and 

Public Hearing: Town of Brunswick, 

Parks and Recreation Building, 30 

Federal Street, Brunswick, Maine 04011. 

Thursday, June 3, 2010 

Information Session—10 a.m. to 12 p.m. 

Public Hearing—12:30 p.m. to 2:30 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Director, BRAC Program Management 

Office Northeast, 4911 Broad Street, 

Building 679, Philadelphia, PA 19112– 

1303, telephone 215–897–4900, fax 

215–897–4902, e-mail: 

david.drozd@navy.mil. 

SUPPLEMENTARY INFORMATION: The Navy 

acting as a lead agency with the FAA 

acting as a cooperating agency, has 

prepared and filed, the Draft EIS for the 

Disposal and Reuse of NAS Brunswick, 

Maine in accordance with requirements 

of the National Environmental Policy 

Act (NEPA) of 1969 (42 U.S.C. 4321– 

4345) and its implementing regulations 

(40 CFR parts 1500–1508). A Notice of 

Intent for this Draft EIS was published 

in the Federal Register on October 24, 

2008 (Federal Register/Vol. 73, No. 207 

pgs 63451 & 63452/Friday, October 24, 

2008/Notices). Navy is lead agency for 

the proposed action. The purpose of the 

proposed action is to dispose of NAS 

Brunswick, Maine in a manner 

consistent with the Brunswick Naval Air 

Station Reuse Master Plan as developed 

by the Brunswick Local Redevelopment 

Authority (BLRA) in December 2007. 

The Navy is required to close NAS 

Brunswick, Maine, in accordance with 

Public Law 101–510, the Defense Base 

Closure and Realignment Act of 1990, as 

amended in 2005. NAS Brunswick must 

be closed on or before September 15, 

2011. The BRAC Law exempts the 

decision-making process of the 

Commission from the provisions of 

NEPA. The Law also relieves the 

Department of Defense (DoD) from the 

NEPA requirements to consider the 

need for closing, realigning, or 

transferring functions, and from looking 

at alternative installations to close or 

realign. However, in accordance with 

NEPA, before disposing of any real 

property, the Navy must analyze the 

environmental effects of the disposal of 

the NAS Brunswick property. This Draft 

EIS has identified and considered two 

alternatives for the disposal and reuse of 

NAS Brunswick, and the no-action 

alternative. 

Alternative 1 includes the disposal of 

NAS Brunswick and its outlying 

properties by the Navy and its reuse in 

a manner consistent with the Brunswick 

Naval Air Station Reuse Master Plan. 

This alternative would maintain the 

existing airfield for private aviation 

purposes. It is anticipated that full 

build-out of the Plan would be 

implemented over a 20-year period. The 

Brunswick Naval Air Station Reuse 

Master Plan calls for the development of 

approximately 1,630 acres (51%) of the 

total base property. In addition, 

approximately 1,570 acres (49%) of the 

base would be dedicated to a variety of 

active and passive land uses, including 

recreation, open space, and natural 

areas. The plan reuses the existing 

airfield and its supporting 

infrastructure, provides a mix of land 

use types and densities, and preserves 

open space and natural areas. The Navy 

has recognized Alternative 1 as the 

preferred alternative. 

Alternative 2 includes the disposal of 

NAS Brunswick and its outlying 

properties by the Navy and its reuse in 

a manner that features a higher density 

of residential and community mixed-use 

development and does not include reuse 

of the airfield. Similar to Alternative 1, 

this alternative includes a mix of land 

use types, preserves open space and 

natural areas. It is anticipated that full 

build-out of the high-density scenario 

would be implemented over a 20-year 

period. Under Alternative 2 there would 

be development of approximately 1,580 

acres (49%) of the total base property. 

In addition, approximately 1,620 acres 

(51%) of the base would be dedicated to 

a variety of active and passive land uses, 

including recreation, open space, and 

natural areas. Although this alternative 

would have less developable acres than 

Alternative 1, the density of residential 

and community mixed-uses would be 

higher. 

Alternative 3 is required by NEPA and 

will evaluate the impacts at NAS 

Brunswick in the event that the property 

is not disposed. Under this alternative, 

existing mission and support operations 

would be relocated; however, the 

installation would be retained by the 

U.S. government in caretaker status. No 

reuse or redevelopment would occur at 

the facility. The installation would be 

placed in caretaker status. The Draft EIS 

addresses environmental impacts of 

each alternative pertaining to the 

disposal and reuse of the NAS 

Brunswick property. 

The Draft EIS addresses any potential 

environmental impacts under each 

alternative associated with: water 

resources; air quality; biological 

resources; soils, topography, and 

geology; land use; noise exposure levels; 

socioeconomic resources; community 

facilities; transportation; environmental 

management; infrastructure; and 

cultural resources. The analyses 

includes direct and indirect impacts, 

and accounts for cumulative impacts 

from other foreseen Federal, State, or 

local activities at and around NAS 

Brunswick. The Navy conducted the 

scoping process to identify community 

concerns and local issues that should be 

addressed in the EIS. Federal, State and 

local agencies, and interested parties 

provided written comments to the Navy 

and identified specific issues or topics 

of environmental concern that should be 

addressed in the EIS. The Navy 

considered these comments in 

determining the scope of the EIS. The 

Draft EIS has been distributed to various 

Federal, State, and local agencies, as 

well as other interested individuals and 

organizations. In addition, copies of the 

Draft EIS have been distributed to the 

following libraries and publicly 

accessible facilities for public review: 

1. Curtis Memorial Library, 23 

Pleasant Street, Brunswick, ME 04011– 

2261. 

2. Town of Brunswick—Department 

of Planning and Development, 28 

Federal Street, Brunswick, Maine 04011. 

3. Topsham Public Library, 25 

Foreside Road, Topsham, ME 04086– 

1832. 

An electronic copy of the Draft EIS is 

available for public viewing at http:// 

www.brunswickeis.com. Federal, State 

and local agencies, as well as interested 

parties, are invited and encouraged to be 

present or represented at the hearings. 

To ensure the accuracy of the record, all 

statements presented orally at the public 

hearings should be submitted in writing. 

All comments will become part of the 

public record and will be responded to 

in the Final Environmental Impact 

Statement (FEIS). Equal weight will be 

given to oral and written statements. In 

the interest of available time, and to 

ensure all who wish to give an oral 

statement at the public hearings have 

the opportunity to do so, each speaker’s 

comments will be limited to three 

minutes. If a longer statement is to be 

presented, it should be summarized at 

the public hearing and the full text 

submitted in writing either at the 

hearing or mailed or e-mailed to: 

Director, BRAC Program Management 

Office (PMO) Northeast, 4911 Broad 

Street, Building 679, Philadelphia, PA 

19112–1303, telephone 215–897–4900, 

fax 215–897–4902, e-mail: 

david.drozd@navy.mil. 

Residents will be required to sign-in 

to speak. Comments can be made in the 

following ways: (1) Oral statements or 

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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 23749 

written comments at the public 

hearings; or (2) Written comments 

mailed to the BRAC PMO address in 

this notice; or (3) Written comments 

faxed to the BRAC PMO fax number in 

this notice; or (4) Comments submitted 

via e-mail using the BRAC PMO e-mail 

address in this notice. All written 

comments postmarked by Monday, June 

28, 2010, will become a part of the 

official public record and will be 

responded to in the FEIS. 

Requests for special assistance, sign 

language interpretation for the hearing 

impaired, language interpreters, or other 

auxiliary aids for scheduled public 

hearing meeting must be sent by mail or 

e-mail to Mr. Matthew Butwin, Ecology 

and Environment, Inc., 368 Pleasant 

View Drive, Lancaster, NY 14086, 

telephone: 716–684–8060, e-mail: 

mbutwin@ene.com. 

Dated: April 27, 2010. 

A.M. Vallandingham, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2010–10396 Filed 5–3–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13011–002] 

Shelbyville Hydro LLC; Notice of Intent 

To File License Application and 

Approving Use of the Traditional 

Licensing Process 

April 27, 2010. 

a. Type of Filing: Notice of Intent to 

File License Application and Request to 

Use the Traditional Licensing Process. 

b. Project No.: 13011–002. 

c. Dated Filed: March 8, 2010. 

d. Submitted By: Shelbyville Hydro 

LLC. 

e. Name of Project: Lake Shelbyville 

Dam Hydroelectric Project. 

f. Location: At the Corps of Engineers’ 

Lake Shelbyville dam on the Kaskaskia 

River in Shelby County, Illinois. 

g. Filed Pursuant to: 18 CFR 5.3 of the 

Commission’s regulations. 

h. Applicant Contact: Brent Smith, 

COO, Symbiotics, LLC, P.O. Box 535, 

Rigby, Idaho 83442 at (208) 745–0834 or 

e-mail at 

brent.smith@symbioticsenergy.com or 

Corrine Servis, at (208) 745–0834 or email 

corrine.servis@symbioticsenergy.com. 

i. FERC Contact: John Baummer, 

John.Baummer@ferc.gov, (202) 502– 

6837. 

j. Shelbyville Hydro LLC filed its 

request to use the Traditional Licensing 

Process on March 8, 2010. In a letter 

dated April 23, 2010, the Director of the 

Division of Hydropower Licensing 

approved Shelbyville Hydro’s request to 

use the Traditional Licensing Process. 

k. With this notice, we are initiating 

informal consultation with: (a) The U.S. 

Fish and Wildlife Service and NOAA 

Fisheries under section 7 of the 

Endangered Species Act and the joint 

agency regulations thereunder at 50 CFR 

part 402; (b) NOAA Fisheries under 

section 305(b) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act and implementing regulations at 50 

CFR 600.920; and (c) the Illinois State 

Historic Preservation Officer, as 

required by Section 106, National 

Historical Preservation Act, and the 

implementing regulations of the 

Advisory Council on Historic 

Preservation at 36 CFR 800.2. 

l. With this notice, we are designating 

Shelbyville Hydro as the Commission’s 

non-Federal representative for carrying 

out informal consultation, pursuant to 

Section 7 of the Endangered Species 

Act, Section 305 of the MagnusonStevens Fishery Conservation and 

Management Act, and Section 106 of the 

National Historic Preservation Act. 

m. Shelbyville Hydro filed a PreApplication Document (PAD; including 

a proposed process plan and schedule) 

with the Commission on September 8, 

2009, pursuant to 18 CFR 5.6 of the 

Commission’s regulations. 

n. A copy of the PAD is available for 

review at the Commission in the Public 

Reference Room or may be viewed on 

the Commission’s Web site (http:// 

www.ferc.gov), using the ‘‘eLibrary’’ link. 

Enter the docket number, excluding the 

last three digits in the docket number 

field to access the document. For 

assistance, contact FERC Online 

Support at 

FERCONlineSupport@ferc.gov or toll 

free at 1–866–208–3676, of for TTY, 

(202) 502–8659. A copy is also available 

for inspection and reproduction at the 

address in paragraph h. 

o. Register online at http:// 

www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

e-mail of new filing and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–10354 Filed 5–3–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

April 27, 2010. 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Docket Numbers: RP10–634–000. 

Applicants: Gulf South Pipeline 

Company, LP. 

Description: Gulf South Pipeline 

Company, LP submits capacity release 

agreement containing negotiated rate 

provisions with Texla Energy 

Management, Inc. 

Filed Date: 04/23/2010. 

Accession Number: 20100426–0206. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, May 5, 2010. 

Docket Numbers: RP10–635–000. 

Applicants: Carolina Gas 

Transmission Corporation. 

Description: Request for waiver of 

Carolina Gas Transmission Corporation. 

Filed Date: 04/23/2010. 

Accession Number: 20100426–0208. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, May 5, 2010. 

Docket Numbers: RP10–636–000. 

Applicants: Southern Star Central Gas 

Pipeline, Inc. 

Description: Southern Star Central 

Gas Pipeline, Inc. submits First Revised 

Sheet 6 et al. to its FERC Gas Tariff, 

Original Volume 1, to be effective 6/1/ 

2010. 

Filed Date: 04/26/2010. 

Accession Number: 20100426–0209. 

Comment Date: 5 p.m. Eastern Time 

on Monday, May 10, 2010. 

Docket Numbers: RP10–637–000. 

Applicants: Texas Eastern 

Transmission, L.P. 

Description: Texas Eastern 

Transmission, LP submits Second 

Revised Fifth Revised Sheet 645 et al. to 

FERC Gas Tariff, Seventh Revised 

Volume 1, to be effective 11/13/09. 

Filed Date: 04/26/2010. 

Accession Number: 20100426–0210. 

Comment Date: 5 p.m. Eastern Time 

on Monday, May 10, 2010. 

Docket Numbers: RP10–638–000. 

Applicants: CenterPoint EnergyMississippi River Transmission 

Corporation. 

Description: CenterPoint EnergyMississippi River Transmission 

Corporation submits an amended 

negotiated rate agreement between MRT 

and LER. 

Filed Date: 04/26/2010. 

Accession Number: 20100426–0211 

Comment Date: 5 p.m. Eastern Time 

on Monday, May 10, 2010. 

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